Labour Law in Canada - Research Paper Example

Therefore labour rights, derive their basis from the international bill of rights. The right to work, to free choice of employment and to just and favourable conditions are fundamental human rights. The relationship between an employer and an employee is referred as labour relations, which is also a contract. In such contracts each party undertakes to perform certain obligations, with the employees’ biggest obligation being to provide labour while the employer provides payment for the service rendered.

Employment relationships normally contain several terms and conditions which are the rights and duties both the employer and their employees have agreed upon, thus the employer cannot impose terms and conditions on employees without their approval or their union’s approval. Terms are regulated by law and are also negotiated between the parties through a process called collective bargaining which eventually arrives at an agreeable collective bargaining agreement. Collective bargaining agreements are contracts resulting from the process of collective bargaining between unions and employers, for the purposes of regulating the procedures that will be adopted by the union and the employer and determining the terms and conditions under which workers will work.

2 Terms and conditions in which the union can negotiate on behalf of its members include: f) Machinery for negotiations or consultation, and other procedure and matters relating to recognition of the trade union by the employer to represent workers in such negotiations or consultation or in carrying out such procedures. In Canada strikes or lockouts are not permitted under the labour relations code during the term of a collective agreement and the union cannot therefore declare or authorize a strike; however they could be allowed if they serve as a means of resolving a